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To the surprise of many within the industry, chief appellate officer John Middlebrook on Monday vacated two of the three penalties that NASCAR had imposed on Hendrick Motorsports for allegedly cheating prior to the Daytona 500.

In a hearing in Charlotte, N.C., the former head of General Motors and longtime friend of team owner Rick Hendrick erased the 25-point penalty against driver Jimmie Johnson and the six-week suspensions against crew chief Chad Knaus and car chief Ron Malec. Middlebrook upheld the $100,000 fine against Knaus, undeniably one of NASCAR's most penalized chiefs.

Series officials issued the fine, points deduction and suspensions shortly after last month's season-opening Daytona 500. Inspectors ruled that the C-posts on the Knaus/Johnson No. 48 Chevrolet didn't meet specs and had to be replaced before being allowed on Daytona International Speedway.

Hendrick, claiming all along that the car was as legal as it had been when it passed multiple inspections last year, unsuccessfully appealed to the three-person Stock Car Racing Commission last week. Middlebook, as chief appellate officer, was the team's last resort.

Johnson's points were taken immediately after the penalty was announced, but Knaus and Malec were allowed to work in the shop and at speedways while the appeals were being heard. Now that Johnson has regained those 25 points, he moves from 17th to 11th, just one point outside of the top 10.